The New California Consumer Privacy Act of 2018: A Practical Analysis

The California legislature passed AB 375, the California Consumer Privacy Act of 2018, on Thursday, June 28, 2018, effective January 1, 2020 (the “CCPA”). The CCPA law follows a trend in the law and market towards greater transparency and protection of consumers’ personal information. The European Union kicked-off the major legal trend of laws, passing the General Data Protection Regulation (“GDPR”) that became effective on May 25, 2018. The GDPR is the EU’s response to the plethora of data breaches and concerns over privacy. The CCPA is a major piece of privacy legislation addressing the same concerns. The California legislature further explained its motivation, noting that: “[I]n March 2018, it came to light that tens of millions of people had their personal data misused by a data mining firm called Cambridge Analytica. A series of congressional hearings highlighted that our personal information may be vulnerable to misuse when shared on the Internet. As a result, our desire for privacy controls and transparency in data practices is heightened.”

The California Attorney General is charged with enforcing and promulgating regulations to help explain, clarify or even “modify” the CCPA, and businesses are also encouraged to request guidance. It is highly likely that amendments to the CCPA itself will be made prior to its effective date. Having said that, the CCPA outlines some basic tenets giving Californians’ the right to privacy by ensuring the following:

to know what personal information is being collected about them.

to know whether their personal information is sold or disclosed and to whom.

to say no to the sale of personal information.

to access their personal information.

to equal service and price, even if they exercise their privacy rights.

Businesses usually want to know (at least) the following information relating to any new law such as the CCPA: (1) the cost of non-compliance; (2) the cost and method of compliance operationally; (3) whether changes should be made only with respect to California consumers; and (4) whether there are changes that should be made on a more enterprise-wide basis, considering the nature of the business and future laws and market conditions. The following provides some information that is responsive to some of those requests, along with other thoughts and potential actions to consider. Of course, companies that have moved towards becoming GDPR compliant are probably ahead of the game, but the CCPA is different from the GDPR in many respects.

Issues and Damages for Non-Compliance

“What is the cost of non-compliance?” The GDPR’s answer got everybody’s attention—4% of annual global turnover or €20 Million (whichever is greater). The CCPA is not as draconian, but not exactly light both in terms of enforcement and costs:

Unlike under most privacy laws in the U.S., there is a new private cause of action (which can include class-actions). Damages range from between $100 and $750 per consumer per incident for statutory or actual damages, whichever is greater, injunctive or declaratory relief, or “any other relief the court deems proper” (which is not defined in the statute itself).

There are limitations, including that before a claim is filed for statutory damages, a business must be given 30 days prior notice and if a cure is possible and it is actually cured, no claim may proceed. This notice requirement does not apply for a claim of actual damages. There is also a requirement that a consumer bringing an action must notify the Attorney General within 30 days that the action has been filed. If the AG decides to prosecute the action for the violation, then the private right of action cannot move forward. There may be some scrivener’s error surrounding this notice requirement, because the reference to the section requiring this notice to the AG is to “paragraph (1) of subdivision (c),” which is confusing to find (if even possible). See AB 375 § 1798.150(b)(2). We will update this article on this point.

The damages for actions brought by the AG include a civil penalty per violation provided under Section 17206 of the Business and Professions Code (generally up to $2,500 per violation), and up to $7,500 for each intentional violation under Section 1798.155(b) of the CCPA.

Note that the private right of action is limited in scope and does not apply to general violations of the CCPA:

Any consumer whose nonencrypted or nonredacted personal information as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business’ violation of the duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information may institute a civil action . . . .

Prior versions of AB 375 included the words “security breach” in the language above, but that was replaced by the language in italics. A cause of action therefore requires establishing all three of the prongs: (1) the data is unencrypted or nonredacted; (2) is subject to an unauthorized access and exfiltration, theft, or disclosure; and (3) a very generalized requirement that the “data breach” was a result of violation to implement reasonable security procedures and practices. We can imagine that, without more guidance, IT and privacy and security experts (at least) will all be necessary to prove up each of these elements.

In addition, note that a claim for statutory damages cannot move forward if a business has “cured” its violation. Practitioners often agree that once a “breach” has happened, it is not possible to provide a cure, other than to take measures to prevent it from happening again. This appears to be an attempt to limit the number of actions taken by consumers who have not had actual harm.

CCPA Summary and Practical Thoughts:

The following are some additional highlights and comments regarding the CCPA:

Application to Residents of California. The CCPA applies to a natural person who is a resident of California. It does not apply to, for example, the collection or sale of data “wholly” outside of the State of California, which means “if the business collected that information while the consumer was outside of California, no part of the sale of the consumer’s personal information occurred in California, and no personal information collected while the consumer was in California is sold.” AB 375 § 1798.145(a)(6).

Application to Certain Businesses. The CCPA applies to a business that: (1) has greater than $25,000,000 in revenue; (2) sells or shares for commercially purposes the personal information of 50,000 or more consumers, households, or devices; OR (3) derives 50 percent or more of its annual revenues from selling consumers’ personal information.

Right of Deletion. Subject to exceptions, there is a general right for a consumer to request deletion of any personal information collected by the business (and this would extend to any third-party suppliers of the business). Data must be found in order to be deleted. There is an express right of businesses under the CCPA not to create databases, but as a practical matter it will be difficult to track and respond to the right to delete without them. Of course, other technologies, including those that have evolved in the eDiscovery world, will probably be helpful in identifying and tracking applicable data.

Non-Consumer Discrimination. The CCPA, unlike the GDPR, establishes that a business cannot deny goods or services, provide a different level of quality of goods or services, or charge different prices or rates for goods or services because a consumer exercised its rights under the CCPA. A business may, however, do so and also provide financial incentives, if the difference is “related to the value provided to the consumer by the consumer’s data.” We eagerly await clarification on this point!

Expanded Definition of Personal Information. There is an expanded definition of “personal information,” which includes additions such as “geolocation” and “inferences.” These are items not uniformly included in other similar laws and we are often asked to provide guidance on these definitions and compliance with business models.

Right to Opt-Out (for sale of personal information). Not surprisingly, a business may only sell a consumer’s personal information if the consumer is given a right to opt-out. A business and its service providers must stop selling a consumer’s personal information once a consumer has opted-out. The CCPA places the burden on the consumer to opt-out of the organization’s data collection practices, as compared to the GDPR which requires the consumer to opt in before continuing to the website. Under the CCPA, a business must do the following (among other things):

Without requiring a consumer to create an account, provide a clear and conspicuous link on the business’ Internet homepage, titled “Do Not Sell My Personal Information,” to an Internet Web page that enables a consumer to opt out of the sale of the consumer’s personal information.

Include a description of a consumer’s rights, along with a separate link to the “Do Not Sell My Personal Information” Internet Web page in its online privacy policy or policies if the business has an online privacy policy or policies, and any California-specific description of consumers’ privacy rights.

Notice and Methods for Submitting Requests for Disclosure. If you collect consumers’ personal information you must, at or before the point of collection, inform consumers as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. A business must also provide consumers at least two methods for submitting requests for information required to be disclosed including, at a minimum, a toll-free telephone number, and if the business maintains an Internet Website, a Website address.

Disclosure Obligations. Unlike the GDPR, the consumer must take affirmative steps to enjoy the rights and protections afforded to it under the CCPA. Upon receipt of a “verifiable request” by a consumer, a business is required within 45 days to provide the consumer with the categories and specific pieces of personal information the business has collected (with some exceptions and limitations, such as no more than 2x in a 12-month period and a possible extension of the 45 days). Depending on the type of business, this may include the following:

The categories of personal information it has collected about that consumer.

The categories of sources from which the personal information is collected.

The business or commercial purpose for collecting or selling personal information.

The categories of third parties with whom the business shares personal information.

The specific pieces of personal information it has collected about that consumer.

The categories of personal information that the business sold about the consumer, and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold.

Disclosure by the business that it has not disclosed the consumer’s personal information for a business purpose.

Training. Training is required for individuals responsible for handling all consumer inquiries about a business’s privacy practice, compliance with the CCPA, and how to direct consumers to exercise their rights under the CCPA.

Updating Privacy Policies and Notices. There are other provisions requiring disclosure in privacy policies: the information above (and update every 12 months), a description of most of the rights of consumers under the CCPA, a list of the categories of information it has collected, and a list of categories of personal information it has sold or disclosed for a business purpose. Most companies already have special notices already embedded in their privacy policies as required, and it seems like this may be a good time to amend and revise policies as a whole.

Third Parties. Ensure you have third party agreements in writing before you share personal information with any third parties! A business must ensure that third parties comply with CCPA (although it is notable that the CCPA does not make a business liable for its third parties that it shares or sells personal information to if it has a written contract with them and, at the time of disclosure, it did not have actual knowledge or reason to believe that the third party intends to violate the restriction).

Minors. There are special restrictions and obligations with respect to minors.

Some Final (Practical) Thoughts:

Current and anticipated business models and should be reviewed under the CCPA, keeping in mind that the new law is subject to change and modification (not to mention other states laws will most likely follow, and federal legislation and regulation is being considered).

The CCPA is part of a general trend for more regulation regarding privacy and security. January1, 2020 may seem far away, but compliance will take time to make the required investments, processes and procedures, even as we wait for further clarification and additional laws. It is notable that there is already some push towards federal legislation that would create uniformity instead of a “patchwork” of states laws. In any event, there will be common themes to most of these laws and companies will need to consider taking an “enterprise wide” approach.

Unlike the GDPR, the CCPA does not require a data privacy officer. Many companies that are consumer-data “heavy” either have or are realizing that they need a true, privacy “office.” If a business does not have a privacy office, now is a good time to create one and also create the processes needed to comply with the CCPA.

The CCPA also offers an opportunity to think about some “best practices” in terms of policies, practices and even the negotiation of privacy and security provisions. The definition of what is considered “personal information” and what is “publicly available” is a good example, as those terms are defined under the CCPA.

Under the CCPA, Personal Information is not information that is “publicly available.” The statute provides greater insight into this definition:

“[P]ublicly available” means information that is lawfully made available from federal, state, or local government records, if any conditions associated with such Information [sic]. “Publicly available” does not mean biometric information collected by a business about a consumer without the consumer’s knowledge. Information is not “publicly available” if that data is used for a purpose that is not compatible with the purpose for which the data is maintained and made available in the government records or for which it is publicly maintained. “Publicly available” does not include consumer information that is deidentified or aggregate consumer information.

There is a lot to “unpack” in this definition, including the fact that “publicly available” does not include the classic definition we might consider when doing deals or non-disclosure and confidentiality agreements; i.e., information that is already made public by private parties. There is also the concept that in order to be publicly available, it must be used for a purpose that is compatible with which it was first maintained—meaning that it is not just how data is gathered, but also the way it is used consistent with the purpose of its first collection. This concept of use consistent with data’s first collection is one that can permeate through privacy policies, contracts and also provide operation guidance.

Also, the CCPA is one of the first major pieces of legislation regulating “geolocation.” Many businesses rely on geolocation and have struggled with how to obtain consent and otherwise feel comfortable using such data. Those businesses using that data (including just generic websites that track location) will need to consider the CCPA, and especially how to provide opt-out mechanisms.

The definition of personal information also includes “inferences” drawn from any of the terms that are included in the definition of personal information under the CCPA to create a profile about a consumer reflecting the consumer’s “preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.” There are companies whose sole existence is based on making inferences and tracking behaviors. A business cannot escape the CCPA merely because of the derivative nature of the personal information that was originally captured—it also includes inferences made by the data captured. This is a concept that is often negotiated in a technology deal both in terms ownership and use of “inferences,” but which now has more direction with respect to the CCPA.

While there are other things to consider, a final thought is how the CCPA treats “deidentified” information in order to take advantage of an exception to compliance with the CCPA. The CCPA does not restrict a business’s ability to collect, use, retain, sell, or disclose consumer information that is deidentified or in the aggregate consumer information. As practitioners are aware, just because information is “deidentified” does not mean that there are third parties that can “reidentify” such information. This does not seem to be considered in the definition of “Deidentified” under the CCPA:

(h) “Deidentified” means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, provided that a business that uses deidentified information:

Has implemented technical safeguards that prohibit reidentification of the consumer to whom the information may pertain.

Has implemented business processes that specifically prohibit reidentification of the information.

Has implemented business processes to prevent inadvertent release of deidentified information.

Makes no attempt to reidentify the information.

The focus is on the culpability of the business sharing the information, not on the fact that there exist tools that can often reidentify individuals by third parties. We stand ready to hear more about this exception in practice.

We will continue to look at the CCPA and any related amendments or regulations.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

Nelson Mullins Riley & Scarborough LLP on:

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

Email

First Name

Last Name

Company Name

Company Industry

Title

Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

Operate our Website and Services and publish content;

Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);

Measure readership and usage of the Website and Services;

Communicate with you regarding your questions and requests;

Authenticate users and to provide for the safety and security of our Website and Services;

Conduct research and similar activities to improve our Website and Services; and

Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.

If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.

Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.

Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.

Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.

Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.

To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.

Your Rights

Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.

Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.

Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

Improve the user experience on our Website and Services;

Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;

Track anonymous site usage; and

Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

"Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).

"Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.

"Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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